The Eighth Court of Appealsrecently analyzed the question of whether regular non-executive level employees in Texas owe fiduciary duties to their employers and answered that question with a resounding “yes.” While the scope of the rank-and-file employees’ fiduciary duties may not be as broad as those of a CEO or CFO of a company, they still owe a duty of loyalty to their employer and may not:

appropriate company trade secrets

solicit away the employer’s customers while working for the employer

solicit the departure of other employees while still working for the employer

carry away confidential information.

Employees can, however, plan to go into competition with their employers and may take active steps to do so while still employed, but cannot cross the line of preparation into actual competition until after they leave (assuming no post-employment restrictive covenants).

In Heriberto Salas, et al. v. Total Air Services, LLC, Salas opened and operated a company that directly and actively competed with his employer – Total Air Services – while still working for the employer. He submitted bids on the same jobs as his employer through his own company, distributed his company’s business cards while giving out flyers for Total Air Services, and solicited Total Air Services’s customers to do business with his own company.

Bottom Line: Even those employees who do not have non-compete or non-solicitation agreements with the employer still owe a duty to the company not to divert business or use the company’s confidential information to benefit themselves while drawing a paycheck there.

Leiza has litigated non-compete and trade secrets lawsuits in a variety of industries. If you are a party to a dispute involving a non-compete agreement or theft of confidential information, contact Leiza atLeiza.Dolghih@lewisbrisbois.comor (214) 722-7108or fill out the form below.